ANOOP SINGH Vs. JOINT DEVELOPMENT COMMISSIONER AND OTHERS

JUDGEMENT

(1.) Anoop Singh of Sudhar Rajputtan, Block Rayya, Tehsil Baba Bakala, District Amritsar, has filed this petition to challenge the order of the Commissioner, exercising powers under the Punjab Pubic Premises and Land (Eviction and Rent Recovery) Act, 1973, passed on September 30, 2004 (Annexure P/7).

(2.) According to the petitioner, 187 kanals 10 marlas of land in Sudhar Rajputtan had been recorded as jumla mustarqa malkan va digar haq daran arazi hasab rasad kasht raqba. The land was in possession of the petitioner and other right-holders of the village. The proprietors had filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 before the Director, Consolidation of Holding, which was allowed on January 17, 1997 and the case was remanded to the Consolidation Officer with a direction that bachat land belonging to umlan mustarqa malkan should be distributed to those from whom pro-rata cut had been imposed during consolidation. This order was challenged by the Gram Panchayat through CWP 18760 of 1998. This Court had on December 10, 1998 issued notice of motion and directed stay of operation of the order of the Director Consolidation. However, subsequently, the Gram Panchayat filed CM 7946 of 2000 seeking withdrawal of the writ petition, the CM was allowed and the petition was dismissed as withdrawn on May 10, 2000. Therefore, on the basis of the remand order dated January 17, 1997, the Consolidation Officer re-distributed the land amongst the right-holders.

(3.) Nevertheless, the Gram Panchayat filed a petition under Sections 4, 5 and 7 of the Punjab Pubic Premises and Land (Eviction and Rent Recovery) Act, 1973 read with the provisions of the Punjab Gram Panchayat (Common Purposes Lands) Act, 1976 for eviction of the petitioner on December 12, 2000.